The Sun. — London, England, 1810-04-04 00:00:00

V ROUSE OF PEERS, TUESDAY, APRIL 3 IMPERIAL PAR LIA...\ t 1 1 .1 r. T-TArmul,%‘7 , .. was heard at great length on the Tanbury Peei-age Casa. . • • e its were brouOt 7. - p from the Commons by Sir. J. PRA/lAN : Et' C. MORGAN, &c. and read a first time. A person press; tied the Tenth Report of the Corn sbionert of Inquiry for Ireiabd al,o papers a6n taining Arcounti o! the Importation of Wheat into that country.—=Adjourned: HOUSE OF COALTIONS. TUESDAY, APRIL 3. A person from the Office ot. Chief Secretarytof -Fetaild laid the Insire6tor,Generars Report of 'the S ate of the Prisons of Leland before the House. Mr. TIMI NT pri'sentit certain ACcounts of 4x polls and Imports, which were ordered to lie °lf the table. _ . 61:. J. SINCLO.IR brought up the Rep - 1i of die Committee on the Highway Bill. The Bill was or dered to be printed, arid the Repuit to be taken into lurtlirr considtration on Monday. Lord PALMERSTON brought tip a-Correspondence between the Physician-General and the Secretary at IV , r, which wag ordered to lie on the table,. On the motion of Lord COCHRANE, additional papers relating to the Baltic Conyoy were - ordered to . be laid bethre tie Hou'se. Lord PALMERSTON IIIOVO for . leave to bring in t'•-• • ai A 'Jima' Bill, regulating the allowancei granted to Innkeepers, &C. Mi.. .6. 14;tqcv hoped the petition of the Inn keepers would not be negleaed. He trusted the Noble Lord, when the Bill welit into a ComMittee, -would have no objection to the introduction' of a clause or clauses tending -to do assay the evils of which*the.y complained. Lord PALMEitsToN said he should have no objec tion;. leave was given - to bring in the Bill. . . S:r C DUNDAS gave notice, that he. w ould to morrow' move tor.a` SeleCt Qommittee ,to Like into r ,, f , •=ideration'ihe mode of collecting the .Assessed Taxes. The Iri•h School Bill wept through a Corntniltee, the report of which was ordered to be received to, morrow. THE HON. WARWICK LAKE; Sir F. BuRDETT,rose to bring before the House the subject on which he had given notice of a:tno tion. Atter:touch consideration he was of opinion the best mode of proceeding would be to apportst.a"-- Committee, to which the w hole 'ot the papers Qil the subject might be referred. The cumMittee to re-: port their deliberations from time- to time to the H, , use, and give their opinion, whe her or not fug- . Cher procee,lings were necessary. The _sobjed, he thought, of the greatest importance': The circum stances a+tending the treatment of the unfortunate indiv; , n I!,,ise case 'he would call their atten tion was of consequence, as it was so peculiarly ne- cessary that the proteaion of ,that House should be atfordva to that desrriptinn of men. He would not, in the .present ease, nor wocld he, in any similar case, where/the administration of justice was con cc, tied, and ,A byre the character and Lfe of an in-. dividual was at stake, attempt by any high colouring of language to aggravate the guilt of the offender, Or endei:vAur to excite any indignant feelings other than those which he thought must naturally spring in the breast of every man, from a contemplation of the facts disclosed in evidenCe. He had first taken up the subject from seeing in a newspaper a paragraph lightly mentioning thecircurnstance of a mart having b,,c. put on shore on a desolate Island. The little importance attached to . the circumstance struck him more forcibly than if the greatest exertions had been made to attraa notice. It shocked him that -it • should be spoken. thus ligbtly . of.' It appeared to him that some further step Abould be taten on the. std3jea, though,hudid not take upon himself to say .. - what that step should be. He-was however of opi nion that it was incumbent on the k.-use to look iqto the sub;M. From the letter which he-held in his hand from Mc. TltornaS .to a Member of drat House (Mr. .133thurst)„ there appeared to,be' abuses io the management of the West India stares, of themselves ere of sutlicidrit incportance to claim the seriou4 attention of the House. The impression made on his mind' by tire evidence,given was, that . ' the man had perished. Whether however the man had perished or survived, the at he thought was equally censurable in a moral point of view, vi'•as equally tioletit, oppressive, and unwarrantable.- The prosecution lately instituted was unsatisfaaory, as it had been cat vied on by those whom he must consider as accomplices. He, had thought of ad-. dressing the King on th 6 subjea, that a prosecution might be commenced against ,the offender for tnur der. . Butt:ltiicuhes were thrown ;in the *ay, as, ti rOtNh the:c ho no direa evidence of the death the man, he wrehendedi a bill would not have been found by the Grand Jury, though he thought here were:just grounds for so referring the case toil Jorb wi en the improbability of'the mart's escaping was taken Into consideration. It could not be that the a& called for inquiry, anel he should U:11 ,k, for his-part; tltiat futtlierprocecdings rc(.essary. It appeared that the man had st,t›.* 1 , 11 a I;ttle spruce leer. But there seemed to be a c z Aisi,iracy to get ri,lcf the wan ; and so as'he was g o t ri.l ot, •they cared not how or for what. From t te evidence of Mr. Spei;Cer,, it appeared that being o f the island of Sombrero, Captain Lake came on ( I,!ck, ;Ind asked the Warne of the island, of which b c informed, he Enquired if they had not thieves' on board. Being answeied.tbat there were lwo, he iMmediately ordered Jefferies to be sent up. Now; why ail( if they had thieves OP board? and then be ing, answered that there were two, order one only' to be sent up, unless a sort olcomptocy-had ex isted against that - unhappy man ?- It then - appeared that Captain lAke had ordered the man - to be put on. shore immediately. • He was accordingly .sent, ithout water, Without food, without clothes— without either hat or shoes was he left in a desolate i l Ind.- It was curious to observe, that while thus pnuishing a man for theft,: they dttuany robbed :him . . . . ._ to . 3 }greaterfimuuat than he 1);td been stated to haye ,lubbrd ati}; Otie,• as in thus . sending him atnaked, they robbed him of the whole of his cloaths, &e.— 'Licit cuadn6t irirthia instance lie .0101161 a merited particular attention. ,The itnprestibu made on- I mind was; that - his-things badAieen withheld as use less, as ,they , thought not survive. Two _ months after, ou A. Cochrane's having heard of this,‘‘. irreguttrity," as he had called Pit, the man who 11;t - ,', committed the murder was sent back to - see any traces:remained. • Spencer, who he could not but regard as an accomplice,, was on that occasion sent'on shore with four others, when, aftershoot ing a few birds,. they-returned satisfied ihat the man had .found means to escape: Their minds were very. soon .at ease on the subjea. The Honourable Eqonet'titen read the letter written by Sir A. Coch rane - on the subject, which was as follows SIR, . Poinpec. Halifax Harbour, Nov..r, - 1304. ¶' 1 have received 'Mr: . Barrow's letter of the i , t,th Of July; enclosing an exttad of one from the late Purser of the Derierary, containing' a charge against Captain Hie Honourable Warwick Lake, for having . Olt a man on shore upon an uninhabited island together with Captain Lake's report, and Mr. Bicknell's opinion of the affair . ; • and signifying to me the. diredion of 'the Lords Commissioners of the Admiralty to make a stnei investigation into the case. I was well aware of the irregularity of the proceeding, at the time it , occurred ;,and when it, was reported to me, I immediately sent Captain Lake back to the island to. take thef man off, but he was already gone and haVing ,heard,. Soon: after, of the circumstance being reported; in on American viper, and of the man's arrival thece, which assured me all's safety, I consented, afterseriously:admo niihing Captain Lake, to. et .the bUsiness . re3t ; but should their 'Lordships itill deem it proper to order him to be tried by a Court Martial for his condua, there are many persons the Recruit( who, doubt, can prove the circumstance 01. the man's being set on shore 'though the situation of the Vand of Sombrero 'is clO3e to. Anguilla, and in -the track where vessels are constantly passing and re passing. I have the honour to be, Sir, • - " Your, most obedient bumble Servant, (Signed) ." A. _COCHRANE." " On this he animadverted . in strong ter — s. The Island of AnguAla, which hat been spoken of-as be ing close o,Sombrera waS seven ot•eight, leagues . dis.s tank. The. island' of Sombrero atfOrded nothing btit a rough groSS weed. Lake and his accomplices wtre the last persons in the . WOrld who ought to hove, been sent on,st.leh a tnis,ion, as if on their shooting party any traces of the,unforiurnate man had been found, it would-have been their - , interest to conceal them'. To make a proper search the whole of the crew - should have been landed, at -least a boat's crew ought to have been . sent on the inquiry. He then.went at length into the-evidence given on the • late trial, .from which it appeared, that Ca.pf. Lake might have taken the poor man off the Island the next morning, had he not pyrsevered 'hi his;cruel intention—that the report of Jetferies having been taken off by an Arnet wan vessel . had but slender claims to credit--that it was the opiniorsof some of the crew he must either have perished by famine or by wild birds, which in Sombrero were very large —that it had been publicly - spoken of as an act: of cruel' oppression—rthat it appeared they-wished to get rid of the man at any rate—'that he appeared to have been punished more because he was 'Weak than for any thing else-:--that there were great reasons to' be lieve the island was known to be uninhabited—that Captain Lake had subsevently stated, he 'would rather have given 20,0001. than such an occurrence should have taken place, and, that according fa} one . , of the witnesses, the roan bore a good denuder.— Having commented on'various parts of the evidence, the Hon. Baronet next took a view of the defence, which he thought an aggravation of the original fact. Upon the whole, he thought the world could. not but agree with him in thinking him guilty.-== The Court Maktal seemed to have been actuated by a desire to screen him—to have endeavoured to. throw dust in the eyes of the Public; and take off' the edge of the general indignation. Every cir- - curnstance corneaed with. the subject filled him with horror. Whether Captain Lake-Was drunk or insane at the time, no excuse could be set up for his conduct, and he thought it extraordinary that such a man should again have been entrusted With the command-of a ship. that other Men should be, exposed, to his _cruelty. This circumstance, he hoped, would be satistaaerily accounted 407. What he had done could not be excused as an error of the moment. He had slept. upon it--" the 31111 had gone down' upon his wrath"—it had again risen upon it,•and still it did not subside. As to the offence, no one could think of - justify logit, when - the horror-of the sittiatioiOn which the man hadheen placed was considered. Set on shore on a &saint island, without toed, without waer, with out clothes, &c. he could hardly be expected to survive_24 hours: He hoped, for the safety of others, for tl.e honour of the country, and fOr the diameter of the G'overnment, that the House would - not say no further proceedings shOuld take place:— Whether or not there were, gruends on-which the man could be prosecuted for murder, the law offi cers of the House must decide. cond:tied by., moving, that a Committee should be appointed, to whom all papers on the subject should be referred, to yeport frotn.time-to time to the, House their epi; . nion'on the subjea. The CHANCELLOR of the Exchequer rose, not to represS any of the feelings of humanity which the Honourable Baronet had evinced; he merely wished to submit to the House one question, namely, whe ther there was any predicable utility in the appoint ment of a Committee? He wished to assume all the propositions which had been laid down by the 'Honourable Baronet, except one, 'which was the evidence of his-having committed a 'murder. Capt. Lake ought to have known that the island was un inhabited ; there was little shade between the belief and disbelief 'of its being so. One thing ai: least was evident, that it was an ad of the greatest cruelty and wantonness. He, admitted that the decision of tire Court amounted Only to fiuding him guilty, of a thisdemeanour,:on the supposition of 'his being tried by Jury; and if it appeared in evidence that hen-was guilty of the intention, .without completing his purpose, such would be the decision. 'He trusted the 'House would not so far mistake the na ture of tine law, that after an inquiry already , de- • eided, they should proceed to institute another.— On this case a Court Martial had gtsen.its verdia, and had inflicted the severest punishmeet which could iutliaed by sucks au-offence. If it was the opinion of the House that thit punishment was not a sight one, what occ 'slim was there for its gomg into a Committee Froin what-fell from the Hon. Baronet, he seemed to think that the man lest his life in consequence of being left on the Island. -- 'Phis might be the case; but, in support of such an assertion, no proof cari.be found on evidence. The paragraph in the American Newspaper had been mentioned ; he perlthly agreed that it was not quite sufficient proof of the existence of the unhappy in dividual ; but, in the case olconimon law, it should recollected,be p that on a prosecution, no one can be fotind guilty of murder without a positive proof - of the fact ; without it, < he would - positively asseri„ no Judge would' allow a Jury to cons i6t. - 'There was no ground whatever for instituting a trial - for mut:— der ; the evidence ,which had been adduced would rather secure an acquittal. than 'a condemnation; if the carcase, or any remains had been found, then . such a trial Might with. more safety, be instituted. Flehad no. objection to an inquiry by Committee, if through it any further proof Could be obtained. Ha did. not think the House shOtild_convert its ComMittee into, a Grand Jury. : The preferable mode of proceeding would be to dire& the Attorney s: General to pros'cute. If Jefferies - should ever re turn hemight indi& Captain Lake, and oThain da mages for the losses. he had sustained. The Hon. , Baronet had adverted to abuses relafrvelo' l the ma nagement of West India stores; he did not think it proper to blend different proceedings, the more especially as an inquiry into this circumstance had already, been instituted. 'He hoped the Hori—Ba ronei would. consider these circumstances ; and concluded - bi saying, that he felt it his duty to vote -against the motion. Mr.WHITBRE/0 Coneeived, that the papers which lay on the table not only cofcerued . capt: t4e, but , embraced far more ithportant objeicAs. In the - case of the letter of Mr. Thomas, he asked if the Admiralty had instituted an inquiry respecting the fads, therein ,stated. He conceived. the conlict of AdMiral Cochrane to be more'deeply stricken than even that of Capt. Lake, whom' he had 'ordered only, t o return to his ship till the search .was made; on him then fell a' much greater shay, of .blanie-.- £very. inferior was responsible to bis superior officer ; his surprize therefore, was - great, when an - offending in : divide - A should not only be promoted, but his clime passed by in silence: his surprise was greater when he had not heard of an inquiry into the conduct of Sir Alex anderCoehrane. The Right' Hon. Gentleman- op-; posite had spoken on the subjed as became a man.ot - feeling ; but he had as-,erie„l if an individual was once tried and acquitted-, (or- the 'same offence, lie could not-he tried. again ;ea this tiesd he was not .very learned, but believed, tbat after a decision of a ~ Court-martial the individual-could be tried by the cothmon tribunal of the.country. He put, himself ' in the place of a - Grand JUryinan, where,- if. such • evidence was adduced, _consistent with his'oath he could not find a true bill. It w3spther strange, that on the first search nothing w lies on: the second something was found ; from these cir-: ctunstances, it Might rationally be conclud&l that neither search was as perfe'Ct as it ought to have been.' A handle of a tomahawk, and the temains-of a pair of -troWsers, were what tbe shooting party met with. It appeared, on "examination," that -the - handle did not belong to a ship hatchet, nor were the remnants of the trow-ers'of the same triaterink as worn by the ship'S company , but why were -lipt those articles produced on the trial? If Jefferies had perish e d, Capt. Lake should be a,cconn I a ble ; but how dreadf u l ; would be their situation, if they shouldicone dem o t h e latter, and it should afterwards appear the.. former still existed ? It Was necessary the Houseshould steer bet Ween the two; and endeavotir to ascertain the faet. , lie--suggested the. Ipismigty;pl... addressing his Majesty, praying that he would order a strict search to be made, to discover if any remains could be found, or whether the man existed ; and' this not only to satisfy Capt. Lake's faMily, and that House, but the minds of the Public. Mr. STEPHEN confessed, that his other avocations had prevented him fi Om perusing the Mitiutes'of the Court Martial, or making himself sufficieniy master of the case. When he heard, howe.er; of this Island of-Sombrero, he could not avoid rising to state, that he had some geographical knowledge of that island, which other Members had an equal opportunity of obtaining. He had sailed by that island ; and from his recollection of it, he dicrilot conceive it possible that any officer could have ed a Man there without intending to commit a mur der, and he had no doubt .but that the • murder was completed:. If he were on a.grand jury, he would not hes , tate to find a true bill; or if were on a . petty jury, he shonl , l no more hesitate tosay.guilty, than he would to pronounce it murder, if a man was to be' let down into an unfrequented and left there to perish. It was a . flat, sandy island, and only frequented by sea-foWl ;: nor was_ there any thing on'the island that could induce any -per son to Lind on it, exec; -to get sea-eggs. He f slip poied that this Wand was never trodden by 'human' foot more than. three or four times in the . year: He bad heard that it bad nb fresh water, and be thoUght it was iMpossible that it could have- any. He .-was therefore sufficiently . convinced in his own mind-, that the matt must have - perished ; but if any pro, position was made which could lead to a, tuither investigation of this case, it shoUld have his .decided support., , . • Lord F6LxsToNE expressed his confidence' that when the Hun. Gentleman was aCquainted,with the case he would not 'refuse his support to, the. Motion, and hoped that he would be a 'Member of the Corn mittee. :Another consideration he would submit, namely, wtiat became of the property of Jeiferies— he had wages ; which; as he was no deserter, 'if alive, shoald'be forihcoming; if not, it is, due to his friends ; though this Was not a material one, yet.. he considered it another ground for preferring..the mode of investigation, recommended by the Hon. Baronet. • Mr. LITTLETON wai'Of opinion the evidence was • not strong in any part, 'and that, if referred to a Counnittee; no amendMent of what liad.,all-eldy. been enacted in the 2d of George H. could be pro posed. Mr. C. ADAM supported the investigation by, Committ,,e. Mr..eitoKan - agreed with regard to tile address sugges'..ed . by the Hon. Gentleman opposite. He should be sorry to be thought capable ofan inten tion bt screening guilt ; and hoped that an addres might be presented to his MAjesty, praying him to order a stria search to be made in the Nand of Som. brero; and to ascertain whether Jederfes was taken away ,bi! at American ship. The reason tlizit tenant Mt ulds had not been examined was, thatshe had gone on foreign servic,•; - and it was thought unadvisable .to delay the proceedings- of tire Court\ •MartW, for the purp,se of obtammg the evidence of one who was but a joint speaa' or with thos i e wh6 had already given in theirs. With respect:lo.W Windsor's evidence, it.could have bt-en of no weight, as he did not coma into the ship till a ycar - afttr the - transaaion ; all his information proceeded from con:- versations with the Officers, of course he could only direct where the evidence might be fiund. Ihe Hon., Baronet would plAceive such he, - say evidence could not be . admitted, and he therelZoie boped be would agree to the Address. IN/h.-Thomas, .the ac coser, was summoned, but he was no where to be found. In his letters, he.staled,that a Morber csf the House was acquainted - whit the state of his mind on the subject. Mr. SHERIDAN professed 'he would never shrink from punishing the,proudest and most exaited roan, if guilty of tyranny or cruelty to the low , est MUM dual, who- would find in hien mis 'wahuest so - ppbr;. ter. The whole charge seemed to turn au the ocit - whether the island was or was-not inhibited. :With regret he heard•froman Hun. Gentleman (Mr. Ste- - phen) assertions far'from justifiable, paniculariy as , ; i• On a recent occasion, he had displayed such noble 4 sentiments ; he was quite shocked when he heard, declare that if he were on a Jury, from the ap pearance of the Island, he would find the accused •••' gutltY : of . murder, without , being acquainted with any other part of the case. He begged leaVe so.re tnin4 the Hon. crew lt mart, that there, was' no e% denLe to prove di it Captain Lake knew the Island to.:heOninbabited, and lie did not' belleve'any eel; could get his crew to commit so barbarous an at . ton, if they thought the Island to be snub as it had been de, ,, cribed. The cuAtoin sentino men on shore and, nig 'them, he• pieheikle'd , waS too yconduct of, Achni•• - ral Cochrane he thought as reorehemsik)le of Capiaiu and the tubes ffiquiry :became fit csssary, as,theie.existed itt;xiely in the mind. • Mr: . STPIIEN in explanation stated, tit the point on which lie•ro , ,e was, that if the case on the prob e.af)e :he shoula .in the ver dia of - Admiral .}IAavEY mentioned,, that front his rem colleetion of the place, it seemeda rocky rkiter . tiiaiit a sandy - island ; troth the lregttent rains' winch fell, tationdance.of crater could be procured: Capt..l3AttasFoßD ;toted, 'that, ftom.. arr experi ence 4.4 threT"Years, be mia acqumited pert with the liland of - Sothrero;ii was daily t,tstt.d ..y men, and afforded neCessait t isuSt.enance. He waS of opinion; O E rper'sop 3:v3s- i.O7atsts at , y's;gnal ul the Mortiii g he ivuuld itceive as.3istance• berbro night. Sir J. SEBRiGir.fi'upported the motion, and 'num tioned that Aftinirai Cochrane had sent a report to • the Admiralty respecting Captain *Lake: Sir tlicxleicroN l'hat intelligence of Jetierks being- in America artiv..d a: tertfte di:partur4 - of !he vessel which ,t.ent in se.,rdh 01 him Mr. it. WARD vitichcated the cnarac , er of Mali" ral Cochrane, and exprcised con%i , ,otin t tnat Jet"' icries could not iCti)3ll) ;"4. I.t.JUrs relief. ATIQRNEY-GENEti AL thought,:thal,tiom the representotiQn of a - gallati, er kCapi. Beresfordp thts aggravation of Capt. Lake's c.c.'niduct was cou siderattly lessened.- Flom the- evtoei,Ce, it was %al' possible. to suppose he th,,u[ll. tkatlt Arould ensue 3• nor did he think the conduct or Admiral cot:ln-46d such as to merit the censure winch soale Gentico.lo l seerned*disposedto cast upon it. Mr. CUR WEN ;ipproved ot. the suggestion ot 4•_ dressing-the. Cr-own ;he b1101144-4e—Vlriy:urnr - cilci" sion should. take place, confident as `tie' was there was no difference - in' the sense of the tiot4' 4 ' oti the subject:' 'Lord COCHRANE was, convinced the condu: l the Gallant Admiral was totally exempt .from wi,oin.he.vindicated in very warm krius. Mr. CANNING though . there were litany reason ; to avoid rustittLing an inquiry, after the de, 0;ion v • the-Court 'Martial. The Hon. Baronet wou]d on consideration, that the inquiry could end io Elc; other way than it had done alre,-Fd ) '. The islands ! i • appeared, was liable to daily visitation ; but evell I t there were no furth e r occasion procec.d again!, Capt. Lake, he thought the H ous e s h ou ld, "by al address, shew its sense of the crime. h q i - Sir F. BURDETT that he had _ com pleteo.; . duty. He was desirous - Of adopti ng any mo d e e t " tainiog'the end he wished. resped to 0) 0 /°., cal knowledge expiessecl of.the Island, he enterta' ° , no doubt ; bur he' cuuld not help'thinking, that 1:1 ;- cot - 1(1nd of Captain Lake originin e d.ii Lma l ic „ Evel the honour of the, King wa i concerned - in the i%fe. , ° f t, his. subjeas ; he ti;e:eture h o ped, (hal. agreed to the sUgges;ions justice would be done. t _Mr. WHITEttEAD, conceiving it ileceti'arY aj t ? f , the Public shotilii be satisfied wi th respt:et- to fate of the unfortunate. wan, had erawn op a I ' l° ' tion which would have the C-11 : ::0 . thbired: •Hon:Getitlerrila then moved— • " That an hutable address - be presented to his :‘ ,l "i' - ' sl., prayingthat his AW.i)esty b: -ple.,s.:d to ,i,tiv.c• that the most. Ountite sea'r'ch Shuti:d be ravie whether any rracts - tti — Ro'!tettl t if er y , Recruit, sloop of war and wh o Captain Werw ick - 1--trite;4tte viyounaudiN t - itst 0 11 Ib)Jrld of:Soriittreto, 10.1114 West lathes, c , uttrafy to 'princrple ot <Jury anil viulalion Oict,T , : - :tral", - Puy), hid been d ' ticov,:re.i, and that his , Cla_i'bt) , " •"°' - ' l `, l , v n it pleated to order a Special C.annisbioa t -, e that purpost, and that tile C , , , inalissioners r,pott - $ - this 1-louse-the result 01 their searcn." ' • . Air:ST4PHEN k l ieferit•d histiScli 'froth the.ohs er' ssulor, vation of t: e f - lon,. Gentletuans(Mr. B::eridan) W c ti had expressed himself : shucked i hat 'he ( 1 '' " ; Sti7phen) . sh:).uld declare', : he wGuld find, if oil i b j , Jury, .Capt. Lakt• guilty of mutth - r. Mr. S. 13 4 again to state, that he made that dt'cl;ro:l tt oofi e the disadvantage of not having r:. - :ad t it , et idcrice• bid formed his opitiion horn the and wtot press his sorrow that 'any" titan should lav:= :- , tX " 1%3 harsh. The idea' whileli he had; 'loin li(iU'Vttt~ island was, that a 11111 n -set on ' , no, ti,cre ~perished - here wis" not affy in-obabil.fy of c , “;; I P .Vi his We, and lie ‘.could," .13,V)scr, that under these citrcutust.inees he s!i(,,tl ; be j , i lsll° '- lor in curning to . suet! a conclusion ; It vv:;5'110111C 0% in,the eye of the law to have positive pitiQE ' 7f n ot ` death of the man.- It was a lo.v sandy islar above forty feet from the level' of the sea. -11.3 t